Senior Kashmir advocate files complaint against Samsung India over contested warranty procedure

Srinagar, Oct 4: A senior advocate of Jammu and Kashmir High Court has filed a complaint against Samsung Electronics India over ‘contested warranty procedure”.

The advocate, who had purchased a Samsung Z Fold 3 over three years before, went to the service centre this month to claim replacement for his phone, whose display, he said, had not been functioning properly for the past four weeks, despite only using the device occasionally.

Although the phone is in warranty for only a year, the advocate said the formalities to sign the warranty papers “weren't executed legally.”

The warranty papers, he said are enclosed in a packet inside the phone box and that he was only shown the dummy phone at the time of purchasing.

“I am contesting the warranty procedure, and the court has already issued a notice to the company and the owners of the franchise and the service centre to appear in the court for the hearing on November 6 this year," the senior advocate told Greater Kashmir.

He said he had gone to the service centre before filing the complaint and after they prepared the job card, he was asked to pay Rs 53,000. "I was shocked," remarked the vexed advocate.

Under the Sale of Goods Act, he said, the company is legally bound to provide quantitative and qualitative product to the consumer.

"In case of quantity, product should be of good quantity and in case of quality, it should be of good quality," said the advocate.

The manufacturers promise warranty for one year and make devices that start wearing off after 13-months, the advocate said.

"This doesn't mean that when the warranty period is over, you will suck the blood of the consumer," asserted the agitated advocate.

He said the Consumer Commission has taken cognizance against Samsung Electronics India for refusing to entertain the complaint on grounds that the warranty of the device is over.

It was argued before the commission that the selling of defective devices and then taking refuge under warranty having expired is unfair trade practice to cheat and defraud the customers.

Following this, the court issued notice to Samsung Electronics India, its dealer Cell World Sanat Nagar in Srinagar and the Service Centre O H I Electronics, Mandar Lane Abi Guzar also in Srinagar to file response by next date of hearing, said the senior advocate.

In his complaint filed at the court, the senior advocate has asked the Consumer Forum to direct the company (Respondent no.1) to replace the display of the said mobile besides paying Rs 50,000 for causing mental agony to the complainant for none of his fault and Rs 30,000 as litigation expenses.

The complaint whose copy lies with the Greater Kashmir also asks the forum to pass any other order that it deems to be just and proper under the facts and circumstances of the complaint in favour of the complainant and against the respondents.